The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-23
WHY GAPEN WAS DISPLACED
The Governor Claims that His Term as
Insane Hospital Trustee Has Expired.
Mr.. Gapen, However, Declares that lie Will
Not Yield the Office to the Governors APP
pointee-Harrison Likely to Go, Also.

The Governors appointment Of Joseph Flack
to succeed Philip NJ. Gapen trustee of the
Insane Hospital is not well received by the
Democrats who believe that the Objectionable
board is entitled to all the rights and privileges
the party can convey. No one except MIR. Gapen
very candid in expressing his views. but it
was recognized that great deal could have been
said had the politicians thought it good policy to
antagonize the Governor Last evening Gov
ernor Gray asked to explain the
grounds upon which his action
based "Mr Gapen was appointed
by the Legislature for four years." he said. II
am aware of what may be claimed to the
phrase in the statute which says the Legislature
shall elect. To be chosen by the Legislature is
designated as appointment by the Constitu-
ton, and the misuse of the word elect in the
statute cannot change the character of the az
pontment. An election, in its primary sense, is
the choosing by the people, while an appoint
ment is the exercise of delegated power, and the
distinction was carefully recognized by the
trainers of the Constitution"
WAS Mr.. Gapen removedW
''He was not, did he resign. I made the
appointment because of the opinion that Gapens
term had expired. After carefully investigating
the law it was my ju dgment that he had no right
-
ture. and not cleo ted by the people. The law
authorizing his app ointment does not provide for
the holding over of a trustee. I am of the opin-
ion that the constitutional provision on that sub
ject provided only for the holding over of officers
elected by the people. / therefore considered it
my duty to make an appointment to
adjourned told DIR. Harrison that if had the
right to appoint president and trustees for the
benevolent institutions in cases where the Leg
Slo tv,r Fafl< lnI. II ,x4~ I-l
appointments. / then thought the right belonged
to me. but desired to investigate the question"
"Were any charges filed with you against
Gapenp
None He had served four years. and when
the Legislature was in session was not a candi-
date for re- election. There was a vacancy by
the expiration of his term, and that account
solely appointed Mr.. Flack. 1 did not make
the appointment sooner because 1 wished to in
vestgate the legal question involved. No
outside OF my Office has been consulted about
the matter. not even the Attorney general. I
will probably make appointments in all cases
where the Legislature failed to appoint, and the
law authorizing it does not provide for the hold
ing over of an officer"
Mr.. Gapen has opinions directly opposed to
those of the Governor "There was va
cancy," he said last night 1.-The Governor has
no right to declars that there is one or to ap-
point man in my place. We were elected to
serve until our successors are elected and quail
fed. am still trustee Of the IDsane Hos
pital. and will remain in Office until the courts
decide otherwise. The Attorney general is the
only one who bring this matter to legal
issue, but am satisfied we will remain In Office
until the Legislature elects We hold over for
the Legislature elects and does not appoint. 1
have been at home twelve days, and the Governor
has said nothing to me about these
being vacancy that he intended to appoint
my successor When heard of Flack's appoint
ment Saturday night / considered it newspaper
rumor, but several friends came in during the
evening and told me it true / went at
once to see the Governor. He was not at home,
but / found him at the Bates House. He said
that he appointed Flack because he considered
that my term had expired. 1 was also informed
that two months ago DR.. Harrison asked to
resign, but he refused for the same reason de-
cline to retire from the board. think the Gov
ernors action is due to personal feeling
He has been friendly with me
since l supported Frank Landers for
Governor. l do not what he expects to
gain by this action, for the party will it.
Perhaps he is trying to curry favor with the Re-
publicans. l do not think Flack will accept.
He, Harrison and Sullivan friends of mine.
But both Harrison and my self will remain in Office.
If any action is to be taken to the Office
it must come from Flack, unless the Attorney
general proceeds against us. and the court de-
cides we have right to serve"
The trustees will meet on Friday and purchase
supplies. 1t is then that the controversy will
reach a climax. unless Flack does not accept.
In that event the Governor says he will make
another appointment